Department of Motor Vehicles v. Superior Court

In Department of Motor Vehicles v. Superior Court (2002) 100 Cal.App.4th 363, the Department of Motor Vehicles argued that Vehicle Code section 1808.5, which states that records pertaining to an individual's mental condition are " 'confidential and not open to public inspection,' " established an absolute privilege to withhold such information. (DMV, at p. 366.) The court disagreed, explaining that "characterizing information as confidential from public inspection is not the equivalent of establishing a privilege in a legal proceeding." (Id. at p. 371.) The court went on to rule that "section 1808.5 ... is not a statute, within the meaning of Evidence Code section 1040, that 'forbids disclosure.' " (Id. at p. 374.)